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(영문) 대구지방법원 포항지원 2019.02.22 2018고단274
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around June 3, 2013, the Defendant: (a) purchased Dra car from the “C” located in the Southern-gu, Chungcheongnam-gu, Chungcheongnam-gu; and (b) agreed to provide the above vehicle as collateral from the victim E Co., Ltd. (the FF Limited Liability Company, the complainant, takes over the claim from the victim on May 20, 2016) to the victim; (c) borrowed KRW 11 million to repay KRW 454,405 each month for 36 months; and (d) on the same day, the victim set up a mortgage on the above vehicle at KRW 11 million.

After that, on March 2014, the Defendant borrowed KRW 3 million to a bonds company registered in the name of the first police officer, provided the above vehicle as security and delivered it, and prevented the victim from discovering the vehicle, thereby hindering the victim from exercising the mortgage.

Accordingly, the defendant concealed the rash car owned by the defendant, which is the object of the victim's right.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. G statements;

1. Application of Acts and subordinate statutes to the complaint (including all attached documents);

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

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